Advocacy Virginia Garcia's Commitment

A Public Charge is an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.

When an individual applies for Lawful Permanent Residency status (aka a “Green Card”), the US Customs and Immigration Service (USCIS) evaluates whether he or she has used – or is likely to use –  certain public benefits that could make them a public charge.  If so, this is a “heavily weighted negative factor” against the applicant’s request.  As of October of 2019 the list of programs that USCIS must consider when determining if an immigrant is a public charge will significantly expand.

Under the current rule, immigration officials look at all a person’s circumstances to determine if the person is likely to depend on the government for cash assistance or long-term care in the future.

As of October 15, 2019, under the new rule, immigration officials will also look at use of one or more of the following benefits:

Supplemental Nutrition Assistance Program (SNAP).

• Public housing or Section 8 housing assistance.
• Non-emergency Medicaid for non-pregnant adults 21 and older (excludes new mothers for 60 days post-partum).

Immigration officials consider the person’s age, health, family and financial status, education, and skills. If the immigration official determines that the person is likely to become a public charge in the future, the official can refuse to grant the person’s application to enter the United States or get a green card.

Public charge is considered only for people applying to:

 - Enter the United States
 - Extend their Visa (ie: they are already in the United States)
 - Adjust their status to become a Lawful Permanent Resident (ie: a green card holder)
 - A green card holder that leaves the United States for more than 180 consecutive days and re-enters

- U.S. citizens — both those born in the United States and those who have naturalized
- Immigrants with lawful permanent residency (i.e., green cards) including those applying for U.S. citizenship

Immigrants who are in the United States for humanitarian reasons. For example, immigrants with the following statuses are exempt from public charge:

- Asylee (including those in the process of applying)
- Temporary protected status
- Violence Against Women Act self-petitioners, with some exceptions
- T or U visa holders, in general
- Special immigrant juveniles
- Certain parolees, and several other categories of non-citizens
- Active military service members and their families.